M.K. Ranjitsinh v. Union of India, Writ Petition (Civil) No. 838 of 2019

The judgment stemmed from a writ of petition seeking protection for the Great Indian Bustard, a critically endangered avian species, found primarily in the state of Rajasthan. The attrition of the endangered birds has been partly attributed to collisions with overhead transmission lines. In a decision on 19 April 2021, the court imposed restrictions in setting up of overhead transmission lines in a large are of about 99,000 square kilometers. The court appointed a committee for assessing the feasibility of laying high voltage underground power lines. Moreover, the court directed that in all cases where it is found feasible to convert the overhead lines to underground power lines, this shall be undertaken and completed within a year. Subsequently, several solar and wind energy producing companies filed applications in the Supreme Court claiming that the 2021 decision interferes with their ability to set up business.

In this judgment, the court modified the 2021 decision and lifted the blanket restriction against overhead transmission lines. It considered, among others, the right to clean environment and the right against the adverse effects of climate change. The court recognized that there is an intricate interface between the conservation of an endangered species, such as the Great Indian Bustard, and the imperative of protecting against climate change. According to the court, while balancing two equally crucial goals—the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand—it is necessary to adopt a holistic approach which does not sacrifice either of the two goals at the altar of the other.